Sanjay Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25826 of 2023 Arising Out of PS. Case No.-388 Year-2022 Thana- DINARA District- Rohtas ====================================================== 1.

SANJAY CHAUDHARY SON OF LATE RAMASHRAY CHAUDHARY R/O VILLAGE- BASDIHAN TOLA, P.S.- DINARA (BHANAS), DISTRICT- ROHTAS 2.

CHHOTAN CHAUDHARY SON OF SRI RAM CHAUDHARY R/O VILLAGE- BASDIHAN TOLA, P.S.- DINARA (BHANAS), DISTRICTROHTAS ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Babu Nandan Prasad For the Opposite Party/s :

Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-07-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners apprehend their arrest in connection with Dinara (Bhanas) P.S. Case No.388/2022, registered for the offence punishable u/s 147, 148, 149, 341, 323, 325, 307, 504 of the IPC and 27 of the Arms Act.

As per the prosecution case, the F.I.R. named accused persons including the petitioners came armed variously at the door of the informant and petitioners are said to have assaulted the informant and his nephew.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence.

Patna High Court CR. MISC. No.25826 of 2023(2) dt.07-07-2023 2/2 They have been falsely implicated in this case due to ulterior motive. No such occurrence, in the manner as alleged, has ever taken place. For the alleged occurrence, there is case and counter-case between the parties and both sides have sustained injuries. Petitioners have no criminal antecedent and several similarly situated co-accused have been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 04.05.2023 passed in Cr. Misc. No.26079 of 2023. Learned APP for the State opposed the prayer for bail by submitting that the injury alleged to be inflicted by the petitioners has been caused by fire arm injury being a lacerated wound injury.

Having regard to the facts and circumstances of the case and considering the nature of allegation, I am not inclined to enlarge the petitioners on bail. The prayer for grant of anticipatory bail on their behalf is hereby rejected. This application is accordingly dismissed.

(Anjani Kumar Sharan, J) pallavi/- U T